Kilayim in a Hole

Kilayim (3:5) | Yisrael Bankier | 2 years ago

During the week we learnt about various field configurations including different species and whether they constituted kilayim. One unique case is the following. The Mishnah (3:5) teaches that one is allowed to plant a cucumber seed and pumpkin seed in the same hole, provided that the leaves are trained in opposite directions. The Mishnah explains that the reason it is permitted is because "everything the Chachamim forbade within a field was due to marit ayin". We shall try to understand this Mishnah.

The Bartenura explains that these two vegetables were selected since their leaves spread and become entangled. Due to this characteristic, we have seen that while the width of a telem (furrow) is sufficient to separate between other vegetables, it is not enough of a separation for these two. Nevertheless, the Mishnah teaches that even for these vegetables, if their leaves are bent in opposite directions, they can be planted within one hole.

The Derech Emuna (4:3 s.v. shnei minim) notes however that Rabeinu Tam disagrees. It is only for these two species, which have long leaves, that separating them is noticeable. For other vegetables, this intervention would not help in reducing the appearance of kilayim. The Rash however rejects this understanding based on the Yerushalmi that adds that one could use this technique to plant four different "seeds" with the same hole. The language implies that it is not limited to these two vegetables.

How do we understand the end of the Mishnah -- the issue of marit ayin. The Tifferet Yisrael explains that the Chachamim forbade certain configuration out of concern it would appear that the two were planted together -- be'mapolet yad¹ -- which would violate the biblical prohibition of kilayim. The Mishnah therefore taught that if the leaves were trained in opposite directions, it would be clear that owner was concerned that the two species would not mix. That being the case, the observer would be certain that they were not planted together be'mapolet yad. It follows then, that if the cucumber and pumpkin were indeed planted be'mapolet yad, then it would be forbidden and separating the leaves would not help.²

The Chazon Ish (2:10) however argues that the requirement of mapolet yad is important for kilei kerem (kilayim in a vineyard) but not kilei zerayim. Consequently, he understands that even if the cucumber and pumpkin seeds were planted at the same time, turning the leaves in opposite directions would mean that the prohibition of kilayim would not be transgressed. The Chazon Ish cites several proofs, one of which is from the Rambam. The Rambam (3:9) rules that if one wants to plant a field of one type of produce next to another, then there must be a gap of a beit rova (approximately 10.5 amot). If one planted within that space, they would not be liable to lashes, unless they planted within six tephachim. The Chazon Ish notes that the liability for lashes within six tephachim implies that it is prohibited biblically and does not require mapolet yead.

How then does the Chazon Ish understand the end of the Mishnah? "Everything the Chachamim forbade with a field was due to marit ayin" suggests that the prohibition we are dealing with in our Mishnah is rabbinic and not biblical. The Chazon Ish explains that the expression should be understood that with respect to kilei zerayim, the Chachamim determined through the halachic process that that which is prohibited biblically depends on the appearance of a mixture.

¹ See last week's issue.

² See also the Kesef Mishnah (4:16) that maintains a similar position.

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